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Benefit of Basic Custom Duty exemption on import of ‘GoPro HERO5 Black’ Action Camera Allowed

July 17, 2020 3408 Views 0 comment Print

whether assessing officer is correct in rejecting the benefit of Basic Customs Duty exemption claimed by the appellant on the import of ‘GoPro HERO5 Black’ Action Camera?

No ST on Reimbursement of expenses on behalf of service recipients

July 14, 2020 8949 Views 0 comment Print

The issue under consideration is whether expenses received as reimbursement of expenses made on behalf of service recipients can form part of the assessable value and service tax will be applicable on it?

Prior to A.Y. 2015-16 word ‘a’ employed under Section 54 can include plural residential houses

July 10, 2020 1833 Views 2 comments Print

If the word ‘a’ as employed under Section 54 prior to its amendment and substitution by the words ‘one’ with effect from 01.04.2015 could not include plural units of residential houses, there was no need to amend the said provisions by Finance Act No.2 of 2014 with effect from 01.04.2015 which the Legislature specifically made it clear to operate only prospectively from A.Y.2015-2016.

Benefit of SEZ unit can’t be denied merely because registered office is situated in DTA i.e. outside SEZ

July 8, 2020 2820 Views 0 comment Print

whether the commissioner is correct in denying the benefit of SEZ unit on the basis that the registered office is situated in DTA i.e. outside the SEZ?

No service Tax on Down linking of Signals as same not falls under Definition of Broadcasting

July 8, 2020 1197 Views 0 comment Print

whether the charges paid for a service provided by Intelsat (situated outside India) to the Appellant covered under the head broadcasting service and tax in the hands of the Appellant under the reverse charge mechanism?

Cenvat Credit of ITC attributable to taxable output & use of Formula

July 6, 2020 3576 Views 0 comment Print

The issue under consideration is whether ITC attributable to taxable output included in formula of determining ITC of exempted goods or services?

No Service on Transfer of goods by hiring vessel

July 3, 2020 1890 Views 0 comment Print

The issue under consideration is whether the transfer of goods is by way of hiring the charter vessel is taxable under  Service Tax as declared service?

CBEC Letter cannot enlarge scope of exemption notifications

July 3, 2020 1464 Views 0 comment Print

Sova Solar Ltd. Vs CCE & ST (CESTAT Kolkata) It is pertinent to consider whether CBEC can enlarge or modify the scope of an exemption notification which is in the form of a subordinate legislation through a letter or circular. Taxing statutes have to be strictly construed and the power of taxation lies with the […]

No service tax on construction services prior to introduction of Works Contract Service in June 2007

July 2, 2020 849 Views 0 comment Print

No service tax can be demanded on construction services prior to introduction of „Works Contract Service” in June 2007 wherein there is a supply of goods and service.

Excise Duty Recovery for Shortage of goods in Absence of Evidences not valid

July 1, 2020 1572 Views 0 comment Print

whether the Central Excise Officers are correct in levying duty on account of discrepancies in the records of the appellant and shortages in the stock of raw-material as well as finished goods?

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